TERMS OF SERVICE

1. Who can use the Services

You must be at least 18 years old and able to enter a binding contract to use the Services. If you use the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms, and “you” refers to that business.

2. The Services

AskQuala provides productized AI and software engineering services to local businesses, including (without limitation) website builds, automation systems, ongoing maintenance, and advisory work. Specific scope, deliverables, and timelines are agreed in a separate proposal, Statement of Work, or order form between you and AskQuala (each, an “Order”). The Order, together with these Terms, forms the agreement between us. If anything in an Order conflicts with these Terms, the Order controls.

3. Accounts

To use the client portal, you may need to create an account or access one we create for you. You are responsible for keeping your login credentials confidential and for every action taken under your account. Tell us right away at hello@askquala.com if you suspect any unauthorized use.

4. Fees and payment

You agree to pay the fees stated in your Order. Recurring subscription fees are charged on the schedule in the Order (typically monthly in advance) until cancelled. One-time fees are due as specified. All payments are processed through third-party providers, primarily Stripe and, where applicable, QuickBooks. You authorize us to charge the payment method you provide for all fees due. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate allowed by applicable law.

Except where required by law, fees are non-refundable. If you dispute a charge, contact us within 30 days and we'll work with you in good faith.

5. Your content

You retain ownership of any content, data, or materials you provide to us (“Your Content”), including text, images, branding, customer information, and login credentials you share through the portal. You grant AskQuala a worldwide, royalty-free license to host, copy, transmit, and otherwise process Your Content as needed to provide the Services. You are responsible for ensuring Your Content does not infringe any third-party rights or violate any law.

6. Our work product

Subject to your full payment of all fees due, AskQuala assigns to you all rights, title, and interest in the deliverables specifically created for you under an Order, except for any pre-existing tools, libraries, frameworks, or internal know-how AskQuala uses across its client work (“Background IP”), which remain owned by AskQuala. AskQuala grants you a perpetual, worldwide, non-exclusive license to use any Background IP embedded in your deliverables.

7. Acceptable use

You agree not to use the Services to:

• break any law or infringe anyone's rights;
• upload malware, spam, or content that is illegal, harmful, or deceptive;
• reverse-engineer, scrape, or attempt to gain unauthorized access to the Services or any other user's data;
• resell or sublicense the Services without our written permission.

We may suspend or terminate access for activity that violates this section.

8. Third-party services

The Services rely on third-party providers including Stripe (payments), Resend (email), Supabase (database and storage), Vercel (hosting), Google (Calendar/Gmail), Microsoft (Outlook), QuickBooks (accounting), Anthropic (AI), Calendly (scheduling), and analytics providers like PostHog. Your use of those services is governed by their own terms. We are not responsible for downtime or actions of third-party providers.

9. Confidentiality

Both parties agree to keep non-public business or technical information shared during the engagement confidential and to use it only to perform under these Terms or as the disclosing party permits.

10. Warranty disclaimer

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, AskQuala disclaims all warranties, whether express, implied, statutory, or otherwise, including any warranty of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of liability

To the maximum extent permitted by law, AskQuala's total liability for any claim arising out of or related to the Services or these Terms is limited to the total amount you paid AskQuala in the twelve (12) months immediately before the event giving rise to the claim. In no event will AskQuala be liable for any indirect, incidental, special, consequential, or punitive damages.

12. Indemnification

You agree to defend, indemnify, and hold harmless AskQuala and its officers and contractors from any third-party claim arising out of Your Content, your use of the Services, or your violation of these Terms.

13. Termination

Either party may terminate the engagement on the notice terms in the Order, or for material breach that the other party fails to cure within 15 days of written notice. On termination, your access to the Services may end, and any fees already paid are non-refundable except as required by law. Sections that by their nature should survive (including ownership, confidentiality, disclaimers, limitations of liability, and indemnification) survive termination.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted on this page with a new “Last updated” date. Your continued use of the Services after the change means you accept the updated Terms.

15. Governing law

These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict-of-laws principles. The exclusive venue for any dispute is the state or federal courts located in Arlington County, Virginia.

16. Contact

Questions about these Terms? Reach out at hello@askquala.com.

AskQuala LLC · 2300 Wilson Blvd, Unit 722, Arlington, VA 22201